a critical evaluation on the concept of justice in planning process

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1. Decision is contrary to the principle of ownership and right equality of the Constitution. 2. A detailed research regarding the conservation of land owners’ rights has not been realized. 3. Decision does not concern public interest 4. Decision is contrary to Turkish Republic Laws, international agreements and related regulation sentences. 5. Decisions of principle, which were accepted as basis of the decision of zmir No.1 Committee of Protection of Cultural and Natural Heritage have been anulled by Supreme Committee of Protection of Cultural and Natural Heritage, thus, becuase of the annulment of principle decision, final decisons are without basis. 6. Regarding area does not have the characteristics of being a Natural Site, does not have interesting features and beauty, consequently, does not have any characteristics to be protected. 7. Regarding decision has been taken without making researches and studies. Decision of high and grade separated intersection constructions should not even be thought in an area that has a natural site characteristic. However, in the Environmental Impact Assessment (ÇED) report, it has been stated that, related area is available for such a construction. Thus, how can be these site decisions taken? 8. In regarding region, there are public investments like; nciraltı student dormitory, University of Dokuz Eylül Faculty of Marine Technology, Youth Entertainment Centre and some private buildings. Besides, this region has been declared as Tourism Centre by the Council of Ministers (Official Newspaper dated 20.09.1991 numbered 20997). As these decisions are taken into consideration, decision of the committee of protection is contrary to law. Claims on the petitions of plaintiff party indicates different implementations of different authorized institutions on the region which is declared as natural site area. At this point, Greater Municipality of zmir, Ministry of Tourism, General Directorate of Highways and other public institutions do not follow a perspective with the aim of protection whether in implementations or in their decisions. This indicates that, conflicting interests on this area are not restricted with private persons. Another emphasis of the plaintiffs is the contradictions against law and rights that legal framework presents. Statements emphasize the confliction of individual property rights, 140
which are defined in legal process, natural and environmental value concepts of these rights. Basis of Defendant Party’s Decisions As the decisions of zmir No.1 Committee of Protection of Cultural and Natural Heritage examined, following points can be summarized: 1. Decision depends on international agreements 2. During decision making process, opinions regarding the subject have been taken from universities situated in zmir and opinions of different profession organizations have been considered. 3. Legal arrangements, which are the basis of decisions, have given necessary authority and liability to the committee. 78 During decision making process, it has been seen that; reports, which state opposite claims of plaintiff parties, haven been existed in the files of the committee. In these reports, site characteristics of Dalyan area have been determined and opinions regarding protection area have been existed. Furthermore, it has also been realized that, comprehension of protecting urban natural areas for public and social interest has constituted tha basic principle of committee’s decision. Technical Report of Experts Followings are the subjects that have to be explained by the expert committee appointed by the common decision of the authorized courts; “As a result of the <strong>evaluation</strong> realized by the determination and examination of the area, where the plots causing litigation exist, as a whole in order to expose whether regarding area has the characteristics of being a first degree natural site or not, furthermore, a concrete determination with the consideration of public interest has been required in order to suggest; in the condition of taking the area out of site decision how will this wholeness affected.” In the extent of this examination, following <strong>evaluation</strong>s have been stated in the report submitted by the expert committee; “In the Act on Protection of Cultural and Natural Heritage No.2863, a concrete definition of “natural site” has not been made. However, more concrete definitions have 78 Detailed examinations exist in the Decisions No.8050 and No.8049 dated 01.07.1999 of zmir No.1 Committee of Protection of Cultural and Natural Heritage. 141
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A CRITICAL EVALUATION ON THE CONCEP
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ACKNOWLEDGEMENTS I would like to th
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ÖZET Bu tez, Türkiye ehir planlam
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2.3.2.The Attained Principles and R
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4.3.3.Objections to Demolition Deci
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LIST OF TABLES Table Page Table 2.1
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1.1. Aim of the Study CHAPTER 1 INT
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urban space. The considered aspects
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e revealed and defended. The practi
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questions, of which the answers are
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problems in legal process, effects
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taken in 1999 regarding the area in
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c. Municipalities of Balçova and N
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CHAPTER 2 THE FRAMEWORK OF JUSTICE
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concepts is the society’s structu
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c. how the procedures are explained
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society rather than the individual.
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economy approaches encounter. As a
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25 Table 2. 1. The Main Emphasize o
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equal citizenship are taken as sett
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2.3.2. The Attained Principles and
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2. that the liberties shall be rest
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y Rousseau, Locke and Hobbes. Forma
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content “rule of law” is descri
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2.4.3. Liberties and Rights in the
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Second Stage Rights and Liberties;
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sources new arrangements in economi
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ack to the limited contents of mini
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2.5. Spatial Considerations Based o
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specific in its redistributive aims
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giving the heterogenous urban visio
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In this approach that is based on a
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social and economic rights and in t
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the state on public space and the c
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I. Part-In General Principles chapt
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Land ownership and its utilization
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egulations are done with Conservati
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account; the efficient use of resou
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of law and justice and preparing th
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eport among legal regulations enact
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financial resources of administrati
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installments starting from 150 mill
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Table 3. 3. Total Number of Househo
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Results of the studies of two impor
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public services are among the other
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Turkey. Individualistic rights and
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a notice hang at the building and o
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and give them the statue of being l
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important points. First one is shri
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applications. Articles 15 and 16 of
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Page 103 and 104: prior subjects in the organizations
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Page 107 and 108: 3.5.2.2. Limitation of Ownership Ri
Page 109 and 110: 3.5.2.3. Individual, Social and Pub
Page 111 and 112: In the legal transformations which
Page 113 and 114: Narlıdere realized in 1992. By thi
Page 115 and 116: Although not making any decisions o
Page 117 and 118: Figure 4.1.A. Detail from Balçova
Page 119 and 120: 107 Derived from the data Planning
Page 121 and 122: 4.2. General Evaluation of Actions
Page 123 and 124: Table 4. 3. All Administrative and
Page 125 and 126: 4.2.1. General Evaluation of the Ac
Page 127 and 128: 115 115
Page 129 and 130: Table 4.5. All Administrative and J
Page 131 and 132: 119 119
Page 133 and 134: 121 Table: 4.8. Administrative and
Page 135 and 136: About Subdivision Plans Proceeded i
Page 137 and 138: 12. Narkent Includes the actions br
Page 139 and 140: Table 4. 9. Administrative and Juri
Page 141 and 142: Chamber of Architects) and 1 action
Page 143 and 144: 4.3.1. Actions about Expropriation
Page 145 and 146: decision of zmir-Çe me Highway and
Page 147 and 148: In the claim of Municipality of Bal
Page 149 and 150: monetary/moral difficulties and los
Page 151: Table 4. 11. Actions of Nullity Pro
Page 155 and 156: accepted the explanation of “havi
Page 157 and 158: Plans scaled 1/5000 that include Ma
Page 159 and 160: 4. “Decision Amendment Demand”
Page 161 and 162: Table 4. 42. Distribution of Demoli
Page 163 and 164: children’s playgrounds, green zon
Page 165 and 166: shown as a work site in the impleme
Page 167 and 168: court decision will be in favor of
Page 169 and 170: 7. Objection against the rejection
Page 171 and 172: Municipality has repealed its plans
Page 173 and 174: Expert Report: 1. The purpose of th
Page 175 and 176: with the scale of 1/1000 was put in
Page 177 and 178: 2. As the result of the reexaminati
Page 179 and 180: effectiveness of the location of th
Page 181 and 182: located in between the Mithatpa a R
Page 183 and 184: purposes, which is the demand of th
Page 185 and 186: no: 97-98-99 on building block no.6
Page 187 and 188: lands belong to the Treasury”. On
Page 189 and 190: party because documents in court fi
Page 191 and 192: decisions that are passed on the ba
Page 193 and 194: Figure 4. 6. Spatial Distribution o
Page 195 and 196: CHAPTER 5 CONCLUSION 5.1. General C
Page 197 and 198: 5.2. Results of the Transformation
Page 199 and 200: urban settlers by the urban physica
Page 201 and 202: 5.3. Results of Field Survey In the
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also the legal and legitimacy proce
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etween Özdilek which carries a pri
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career, do not have a common defini
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organization in making the most dis
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Books: REFERENCES Ackerman, B. A. (
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Kele , R. (1994) Yerinden Yönetim
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Articles and Papers: Akkar, M. (199
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Türkçe Sözlük (1974) TDK Yayın
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Lai, C.&Wai, L. (2002) Libertarians
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Sivil taatsizlik (1998), Disiplinle
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APPENDIX A The Extent of Subject Cl
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Personnel Actions for annulment of
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APPENDIX B Examination of Actions B
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demolition decisions are under the
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Explanation of Terms Used in Thesis
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APPENDIX E All Collected Data Inclu
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Conference Papers and Seminar Prese
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